old will

Hugmystress

I don't know what to do... my husband died 4 weeks ago. We were married 18 months. He has 3 grown up children from a previous marriage. 5 days after his death, the children told me, he made a will years ago. Surely that's revoked now? There is now a dispute and one of his children has used this will to pick up his ashes from the funeral director and is now responding to my Txt, she lives 3 hours away. I also don't know if they will use this will to gain grant of probate. What are my options?

Browntoa

Unless you can prove otherwise the will is valid

Do you own any property jointly ? If so it should pass direct to you if registered as "joint tenants" . If tenants in common then each of you owns a percentage which would be part of his estate.

Mojisola

Hugmystress wrote: »

I don't know what to do... my husband died 4 weeks ago. We were married 18 months. He has 3 grown up children from a previous marriage. 5 days after his death, the children told me, he made a will years ago. Surely that's revoked now?

When you marry, any existing will is automatically revoked (cancelled) and becomes no longer valid.

elsien

Browntia, I don't think that's correct, unless the will was made in contemplation of marriage, is it?

http://www.thisismoney.co.uk/money/experts/article-2409754/Is-true-getting-remarried-invalidates-will.html

You can enter a caveat against them trying to get probate.
https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation

Mojisola

Hugmystress wrote: »

my husband died 4 weeks ago.

We were married 18 months.

he made a will years ago.

one of his children has used this will to pick up his ashes from the funeral director

Who signed the paperwork for the funeral with the FD?

If that was you and they have given the ashes to someone else, I would be putting in a strong complaint.

Flugelhorn

this sounds like an awful situation, have you actually managed to see the will?

Agree with mojisola, who organised the funeral?

Hugmystress

I have not seen the will, I can't get them to answer my Txt. She signed the funeral papers but I paid for the funeral

Mojisola

Hugmystress wrote: »

I have not seen the will, I can't get them to answer my Txt. She signed the funeral papers but I paid for the funeral

Then the FD were okay to hand the ashes to her.

You should start getting letters of administration for your husband's intestate estate as quickly as possible.

Hugmystress

Yes I think I need to do that he had no money or bank accounts nor property. He had a few vehicles and tools and stuff like that.

Mojisola

Hugmystress wrote: »

Yes I think I need to do that he had no money or bank accounts nor property. He had a few vehicles and tools and stuff like that.

What's the approximate value?

Do his children think he has loads of money?

Do you have his death certificate? Were you the person who notified the registrar?

(This is so hard to deal with in the weeks after your husband's death. I hope you are getting support from friends and family.)

TonyMMM

If he had nothing to leave then any argument over his (invalid) will is a waste of your time and energy.